# State Ex Rel. Board of Regents v. Livingston

> Court of Civil Appeals of Oklahoma · March 17, 2005 · 76 O.B.A.J. 1045

URL: https://www.frixlaw.com/law-library/cases/9783071

## Case

- **Full name:** STATE of Oklahoma Ex Rel., the BOARD OF REGENTS FOR the UNIVERSITY OF OKLAHOMA, Plaintiff/Appellant, v. Matthew N. LIVINGSTON, Defendant/Appellee, and Laurie C. Defrancesco, Defendant
- **Court:** Court of Civil Appeals of Oklahoma
- **Decided:** March 17, 2005
- **Citations:** 76 O.B.A.J. 1045; 111 P.3d 734; 57 U.C.C. Rep. Serv. 2d (West) 193; 2005 OK CIV APP 25; 2005 Okla. Civ. App. LEXIS 10; 2005 WL 1033235
- **Precedential status:** Published
- **Opinion:** Dissent by Buettner
- **Judges:** Carol M. Hansen
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

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- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9783071

## Opinion text

KENNETH L. BUETTNER, Chief Judge,
dissenting:
¶ 20 The Oklahoma Constitution, Article 5, § 53, provides that no statute of limitations will bar collection of an indebtedness owed to the state. The University of Oklahoma is a constitutionally created state agency. Article XIII, § 8, Oklahoma Constitution. Where a state agency is acting in its sovereign capacity to vindicate public rights, then § 53 of the Constitution applies. Collecting state funded educational loans is the enforcement of a public right. State ex rel. Oklahoma Student Loan Authority v. Akers, 1995 OK CIV APP 75 , 900 P.2d 468 . There is no functional difference between the Oklahoma Student Loan Authority collecting student loans and the University collecting student loans.
¶21 The gift of money to the University became the property of the University. 70 Okla. Stat.2001 § 3209. When the University sought to recover its loaned funds from the Defendant, it was operating in its sovereign capacity to enforce a public right, and the Oklahoma Constitution protected it from application of a statute of limitations.
¶ 22 I respectfully dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9783071. Public record. Not legal advice.